Agenda Item # 6
Columbus Consolidated Government

Council Meeting

06/26/2012
Agenda Report # 068

TO: Mayor and Council

SUBJECT: Columbus Metropolitan Airport - Aviation Easement
(Resolution for Condemnation)

INITIATED BY: Felton G. Grant, Right of Way Acquisition Coordinator, Transportation
Planning Division



Recommendation: Approval is requested for the acquisition of Parcel 07CSG16-017, 5840 Darral Drive for the Columbus Metropolitan Airport- Air Rights Aviation Easement and authorizing the Filing of a "Declaration of Taking" by the City Attorney or his representatives for the acquisition of said interest under the authority of the official code of Georgia annotated, Sections 6-3-20 and 32-3-1 et.seq.

Background: The parcel listed above is requested for condemnation because of the inability to obtain releases of entities that have an interest or claim to parcel in a timely manner.

Analysis: To keep the project on schedule it is necessary to proceed to condemn and to pay the money into Court, thereby taking possession of the property allowing the Columbus Metropolitan Airport to proceed with the project.

Financial Considerations: This project is funded by the Columbus Metropolitan Airport Funds.

Projected Annual Fiscal Impact Statement: N/A.

Legal Considerations: Council must approve the action by resolution.

Recommendations/ Actions: Authorizing the acquisition of said property through condemnation for the Columbus Metropolitan Airport -Air Rights Aviations Easement and authorizing the filing of a "Declaration of Taking" by the City Attorney or his representatives for the acquisition of said land under authority of the official code of Georgia annotated, Sections 6-3-20 and 32-3-1 et-seq.







RESOLUTION

NO. # _____


A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY ACQUIRE AN EASEMENT FOR AVIATION AND NOISE IN REGARD TO LOT 900, REPLAT PART OF LOT 9, BLOCK A, MORNINGSIDE, A/K/A 5840 DARRAL DRIVE, COLUMBUS, MUSCOGEE COUNTY, GEORGIA, TAX MAP IDENTIFICATION NO. 083-010-042, TITLE TO CERTAIN OBJECTS OR NATURAL GROWTH OBSTRUCTING AIRWAYS AND AN EASEMENT FOR ACCESS OF INGRESS, EGRESS AND REGRESS TO REMOVE SAID OBJECTS UNDER THE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID INTERESTS FOR AIRPORT PURPOSES AND AUTHORIZING THE FILING OF A DECLARATION OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES FOR THE ACQUISITION OF SAID INTEREST UNDER THE AUTHORITY OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, SECTIONS 6-3-20 AND 32-3-1, ET. SEQ.

WHEREAS, it is determined that the circumstances in connection with acquiring aviation and noise easements for the use and operation of the Columbus Metropolitan Airport are such that it is necessary to immediately acquire such interests as follows, to-wit:

A perpetual aviation easement, all as is hereinafter more particularly described, granting unto Columbus, Georgia, a consolidated city-county government, and unto its successors and assigns, whomsoever, for the benefit of the public in their use of the Columbus Metropolitan Airport, or of any successor thereto, the following easements, rights, privileges, and prerogatives, to-wit:

1. An absolute prohibition for any man-made or natural objects or structures, of whatsoever kind and nature, to be erected, altered, allowed to grow, or be maintained, in any way, whatsoever, in the airspace hereinafter more particularly described.

2. A continuing and perpetual right and easement to take any action needful or necessary to prevent the erection, alteration, continued growth, or maintenance, in any way, whatsoever, of any objects or structures, man-made or natural, of whatsoever kind and nature, in the airspace hereinafter more particularly described, together with the right of ingress, egress and regress over, on and through the property of the Condemnees and of their successors and assigns hereinafter more particularly described to take any such action.

(a) Provided that such right of ingress, egress and regress, as well as right to take any action needful or necessary to prevent any intrusions into such airspace hereinafter more particularly described, shall only be exercised at such reasonable times and shall cause the least damage and inconvenience to Condemnees and to their successors and assigns as is necessary for Condemnor to exercise the rights condemned.

(b) Condemnees and their successors and assigns shall keep and maintain and shall have the right to use their property and the airspace above it for any and all purposes, whatsoever, not inconsistent with Condemnor's full enjoyment of the easements and rights condemned, provided that Condemnees shall not erect or construct any intrusions into such airspace hereinafter more particularly described, nor allow any natural objects to intrude therein, in any way, whatsoever, so as to limit Condemnor's full enjoyment of the aviation easements condemned, all as are herein stipulated.

(c) As part of the easements condemned, Condemnor, and its successors and assigns, shall have the right, from time to time, to trim, cut down and clear away any and all trees or other natural intrusions within the airspace hereinafter more particularly described, and to remove any man-made structures or objects now existing or hereafter constructed or erected therein.

3. A continuing and perpetual right and easement of flight for the passage of aircraft in the airspace hereinafter more particularly described, together with the right and easement to cause in said airspace hereinafter more particularly described such noise, vibrations, fumes, and other concomitants as may be inherent in the use of said airspace hereinafter more particularly described for the landing, taking off or operation of aircraft at the Columbus Metropolitan Airport, or any successor thereto.

4. The rights and easements condemned shall be binding upon Condemnees and upon their respective heirs, executors, administrators, successors, and assigns, whomsoever, and shall enure to the benefit of the successors and assigns of Condemnor.

5. Such rights and easements condemned shall run with the land in perpetuity.

Such airspace and the real property in regard thereto for which aviation easements and rights are being condemned are more particularly shown on a map or plat prepared by Moon, Meeks, Mason & Vinson, Inc., Civil Engineers; dated April 19, 2012; entitled "TREE LOCATION MAP LOT 900 REPLAT OF PART OF LOT 9, BLOCK “A” MORNINGSIDE FOR COLUMBUS METROPOLITAN AIRPORT (GLIDE SLOPE TO RUNWAY 24) COLUMBUS, MUSCOGEE COUNTY, GEORGIA, a copy of which is attached hereto and made a part hereof. Such map or plat is duly incorporated by reference herein, and such airspace for which easements and rights are being condemned is more particularly described as follows, to-wit:

The data below is shown on said map or plat to describe the lower limits of the 34:1 Runway Protection Zone (aka Glide Slope); said Runway Protection Zone (R.P.Z.) begins 200.0 feet from the end of Runway 24 of Columbus Metropolitan Airport at elevation 390.7 feet (all elevations herein refer to mean sea level, M.S.L.) and slopes upward toward subject property North 53 degrees 49 minutes 48 seconds East, rising 1.0 foot every 34 feet entering subject property at Point “A”; being more particularly described as follows: Commence at an iron stake marking the intersection of the southerly line of Frazier Drive and the westerly line of Morningside Drive; thence southerly along the westerly line of Morningside Drive, 374.88 feet to an iron stake; thence leaving said Morningside Drive, South 87 degrees 18 minutes 46 seconds West, 200.0 feet to an iron stake; thence South 02 degrees 35 minutes 23 seconds East, 75.10 feet to an iron stake; thence South 87 degrees 16 minutes 48 seconds West, 90.0 feet to an iron stake; thence South 87 degrees 16 minutes 48 seconds West, 483.99 feet to an iron stake at the southwesterly corner of Lot 900, the ground elevation at that point being 394.2 feet; thence running vertically toward the zenith, 76.9 feet to an imaginary Point “A” (elevation 471.1 feet) on the imaginary plane which forms the lower limits of the 34:1 R.P.Z. and the POINT OF BEGINNING; thence the plane continues rising at a slope of 34:1, North 53 degrees 49 minutes 48 seconds East over all of Lot 900, exiting Lot 900 at Point “B” (elevation 486.4 feet).

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
1.
That there is an immediate necessity of acquisition of said aviation easements and/or property interests under the provisions of the Official Code of Georgia Annotated 6-3-20 and 32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and she hereby is, authorized to issue such orders and file such papers in the courts and enter into such agreements as she deems necessary for the acquisition of said aviation easements and/or property interests by condemnation under the provisions of said Acts, or otherwise.
3.
That the acquisition of such aviation easements and/or property interests is needed for public transportation purposes.
4.
That in accordance with an investigation and report made to Columbus, Georgia by a competent land appraiser, the estimated value of $8,200.00 as just and adequate compensation to be paid for said acquisition is hereby determined and approved and said sum is authorized to be paid into Court for the use of the persons entitled thereto.
5.
That the Mayor, City Manager, and City Attorney, or their representatives, are hereby authorized to take any and all lawful action that they may deem needful, necessary, advisable, or proper for acquisition of said aviation easements and/or property interests pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated 6-3-20 and 32-3-1, et. seq., or otherwise.

___________________

Introduced at a regular meeting of the Council of Columbus, Georgia, held on the day of , 2012 and adopted at said meeting by the affirmative vote of members of said Council.


Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting __________.
Councilor Henderson __________.
Councilor Huff __________.
Councilor McDaniel __________.
Councilor Thomas voting __________.
Councilor Turner-Pugh voting __________.
Councilor Woodson voting __________.



_____________________________ _______________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor